The Australian Communications and Media Authority (ACMA) has found SBS breached gambling advertising rules during a live broadcast of the Tour de France in July 2025.
The ACMA investigation found SBS broadcast an advertisement for Crown's gambling activities at a prohibited time.
Under the Commercial Television Industry Code of Practice, gambling commercials are only permitted before play, after play and during scheduled or unscheduled breaks if shown during live sporting events between 8.30pm and 5am. SBS is required to comply with these advertising rules under its own Code of Practice.
There are exceptions to these rules relating to gambling commercials - including the 'dining or entertainment' exception. That exception can apply to commercials that relate to entertainment or dining facilities at locations where gambling takes place.
However, the ACMA found the relevant Crown advertisement did not fall within the exception as its use of the tagline "premier casino resort" drew attention to the gambling activities available at the venue in addition to the dining and entertainment facilities that were featured in the advertisement.
The ACMA found that two other Crown advertisements broadcast during the Tour de France did not breach the Code. Those advertisements also focused on the dining, food preparation and entertainment at Crown establishments, but did not use the "premier casino resort" tagline.
Authority Member Carolyn Lidgerwood said while the Crown advertisement at issue was broadly about dining, entertainment and accommodation, the use of the tagline "premier casino resort" also directly promoted gambling activities available at Crown.
"The 'dining or entertainment exception' under the Code does not apply if any part of the advertisement draws attention to gambling in a manner calculated to directly promote such gambling activities. Such advertisements will be subject to the rules around gambling ads shown during live sport," Ms Lidgerwood said.
This was the first time the ACMA had considered the 'dining or entertainment' exception as part of an investigation. Following the ACMA's breach finding, broadcasters are on notice to exercise caution and carefully consider using any words in advertisements that may draw attention to gambling.
While SBS disagreed with the finding, it said that it takes these matters seriously and has consistently shown a dedication to regulatory compliance.
